Spectrum Servicing Pty Ltd T/A Spectrum Fire & Security

[2013] FWCA 8631

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Spectrum Servicing Pty Ltd T/A Spectrum Fire & Security
(AG2013/9748)

SPECTRUM FIRE & SECURITY NSW ELECTRICAL ENTERPRISE AGREEMENT 2013-2016

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 1 NOVEMBER 2013

Application for approval of the Spectrum Fire & Security NSW Electrical Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known asthe Spectrum Fire & Security NSW Electrical Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Spectrum Fire & Security (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

Spectrum Servicing Pty Ltd, trading as Spectrum Fire & Security, sought approval of the Spectrum Fire & Security NSW Electrical Enterprise Agreement 2013-2016. The application was brought before the Fair Work Commission, where the central issue was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. The application involved the scrutiny of the agreement's terms and conditions to ensure they met the legal standards for enterprise agreements under the Act.

The legal issues primarily revolved around whether the agreement provided for the fair and reasonable terms and conditions of employment, and whether it met the specific requirements for fair and transparent disclosure. The Commission had to assess whether the agreement contained minimum terms and conditions, and if it was free from prohibited content. Furthermore, the fairness of the agreement's terms and conditions in the context of the enterprise was examined, including whether the agreement provided for the appropriate balance of rights and obligations for both employers and employees.

The Fair Work Commission found that the proposed agreement met the necessary requirements under the Fair Work Act. The Commission noted that the agreement included all the required minimum terms and conditions, and that it was free from any prohibited content. Additionally, the Commission determined that the agreement provided for fair and reasonable terms and conditions of employment, and was appropriately balanced in terms of the rights and obligations of employers and employees. Consequently, the Commission approved the application and granted the requested approval for the agreement.

The Fair Work Commission's final order was that the Spectrum Fire & Security NSW Electrical Enterprise Agreement 2013-2016 be approved, and that it be registered as an enterprise agreement under the Fair Work Act 2009. The decision provided clarity on the approval process for enterprise agreements and confirmed the legal standards that must be met for such agreements to be valid and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established